81_FR_46292 81 FR 46156 - Petition for Waiver of Compliance

81 FR 46156 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 136 (July 15, 2016)

Page Range46156-46156
FR Document2016-16705

Federal Register, Volume 81 Issue 136 (Friday, July 15, 2016) 
[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Page 46156]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16705]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0055]


Petition for Waiver of Compliance

    In accordance with part 211 of title 49 Code of Federal Regulations 
(CFR), this provides the public notice that by a document dated April 
1, 2016, Union Pacific Railroad (UP) has petitioned the Federal 
Railroad Administration (FRA) for a waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained at 49 
CFR part 229--Railroad Locomotive Safety Standards. FRA assigned the 
petition Docket Number FRA-2016-0055.
    Specifically, UP is seeking an exemption, until October 1, 2018, 
from the requirements of 49 CFR 229.135(b)(5) and (6), which require 
the use of a crash-hardened memory module as specified in Appendix D to 
part 229.
    Title 49 CFR 229.135(b)(5) and (6) allow for a phased-in approach 
for upgrading the memory modules. Railroads are not required to replace 
functioning modules installed prior to the availability of crash-worthy 
modules (CHM) until the locomotives are remanufactured. Similarly, 
outside of the remanufacturing process, railroads have been permitted 
to use replacement modules that do not meet Appendix D requirements if 
the modules were originally manufactured prior to 2010.
    As background, in September 2011, UP submitted a Request for 
Proposal to multiple vendors to procure a Locomotive Data Acquisition 
Recording System (LDARS) to meet FRA's requirement to calibrate/
synchronize the event recorder and Positive Train Control (PTC) data 
feeds into a CHM. UP awarded the contract in March 2012 for the 
development of a crash-worthy LDARS in accordance with the Federal 
requirements. These modules would capture and synchronize existing FRA-
required event-recorder data and FRA-required PTC information. In 
addition, UP specified LDARS be capable of recording event-recorder 
data feeds from a variety of locomotive control systems and data 
collection devices and integrating with currently installed event 
recorders. The vendor promised a scheduled delivery date of April 2014. 
However, UP did not receive a production-capable LDARS unit until 
September 2014. UP purchased and had planned to deploy 1,500 LDARS 
systems starting in the fourth quarter of 2014 but due to technology 
issues with LDARS, the purchased units had to be shipped back to the 
vendor for rework, and subsequent production of LDARS units stopped. 
The vendor has certified LDARS as being U.S. Department of 
Transportation crashworthy.
    As a result of these unanticipated issues, UP experienced 
significant delay in accepting and installing LDARS products. There 
were several issues contributing to the delay, specifically, issues 
with the memory module firmware and LSI interface, resulting in gaps in 
the recorded data and gaps in the video and audio feed. These issues 
have required UP to ``shop'' the locomotives for a third time for 
installation of PTC onboard components.
    Of the 5,656 planned PTC locomotives UP intends to replace, roughly 
1,100 event recorders are not capable of integration with LDARS. There 
are 2,000 crash-hardened integrated data recorders that will be 
replaced with LDARS to meet FRA calibration requirements.
    UP has more than 2,500 locomotives that have all of the equipment 
installed for PTC with the exception of LDARS. After UP qualifies 
LDARS, installation will be scheduled on the 90-day periodic 
maintenance inspection cycle for the 2,500 locomotives which are PTC 
ready, except for LDARS that are in the fleet today. The balance will 
be installed as UP continues to equip through September 2018, roughly 
1,100 locomotives per year.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Web site: http://www.regulations. gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by August 29, 2016 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the document, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-16705 Filed 7-14-16; 8:45 am]
 BILLING CODE 4910-06-P

46156 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices Department’s estimates of the burden of Control (PTC) data feeds into a CHM. to 5 p.m., Monday through Friday, the proposed information collections; UP awarded the contract in March 2012 except Federal Holidays. (iii) ways to enhance the quality, utility, for the development of a crash-worthy Interested parties are invited to and clarity of the information to be LDARS in accordance with the Federal participate in these proceedings by collected; and (iv) ways to minimize the requirements. These modules would submitting written views, data, or burden of the collections of information capture and synchronize existing FRA- comments. FRA does not anticipate on respondents, including the use of required event-recorder data and FRA- required PTC information. In addition, scheduling a public hearing in automated collection techniques or other forms of information technology. UP specified LDARS be capable of connection with these proceedings since A comment to OMB is best assured of recording event-recorder data feeds from the facts do not appear to warrant a having its full effect if OMB receives it a variety of locomotive control systems hearing. If any interested party desires within 30 days of publication of this and data collection devices and an opportunity for oral comment, they notice in the Federal Register. integrating with currently installed should notify FRA, in writing, before event recorders. The vendor promised a the end of the comment period and Authority: 44 U.S.C. 3501–3520. scheduled delivery date of April 2014. specify the basis for their request. Issued in Washington, DC, on July 12, However, UP did not receive a 2016. All communications concerning these production-capable LDARS unit until proceedings should identify the Corey Hill, September 2014. UP purchased and had appropriate docket number and may be Executive Director. planned to deploy 1,500 LDARS submitted by any of the following [FR Doc. 2016–16771 Filed 7–14–16; 8:45 am] systems starting in the fourth quarter of methods: BILLING CODE 4910–06–P 2014 but due to technology issues with LDARS, the purchased units had to be • Web site: http://www.regulations. shipped back to the vendor for rework, gov. Follow the online instructions for DEPARTMENT OF TRANSPORTATION and subsequent production of LDARS submitting comments. units stopped. The vendor has certified • Fax: 202–493–2251. Federal Railroad Administration LDARS as being U.S. Department of Transportation crashworthy. • Mail: Docket Operations Facility, [Docket Number FRA–2016–0055] As a result of these unanticipated U.S. Department of Transportation, 1200 Petition for Waiver of Compliance issues, UP experienced significant delay New Jersey Avenue SE., W12–140, in accepting and installing LDARS Washington, DC 20590. In accordance with part 211 of title 49 products. There were several issues • Hand Delivery: 1200 New Jersey Code of Federal Regulations (CFR), this contributing to the delay, specifically, Avenue SE., Room W12–140, provides the public notice that by a issues with the memory module Washington, DC 20590, between 9 a.m. document dated April 1, 2016, Union firmware and LSI interface, resulting in Pacific Railroad (UP) has petitioned the and 5 p.m., Monday through Friday, gaps in the recorded data and gaps in except Federal Holidays. Federal Railroad Administration (FRA) the video and audio feed. These issues for a waiver of compliance from certain have required UP to ‘‘shop’’ the Communications received by August provisions of the Federal railroad safety locomotives for a third time for 29, 2016 will be considered by FRA regulations contained at 49 CFR part installation of PTC onboard before final action is taken. Comments 229—Railroad Locomotive Safety components. received after that date will be Standards. FRA assigned the petition Of the 5,656 planned PTC considered as far as practicable. Docket Number FRA–2016–0055. locomotives UP intends to replace, Anyone is able to search the Specifically, UP is seeking an roughly 1,100 event recorders are not electronic form of any written exemption, until October 1, 2018, from capable of integration with LDARS. communications and comments the requirements of 49 CFR There are 2,000 crash-hardened 229.135(b)(5) and (6), which require the received into any of our dockets by the integrated data recorders that will be use of a crash-hardened memory name of the individual submitting the replaced with LDARS to meet FRA module as specified in Appendix D to comment (or signing the document, if calibration requirements. part 229. UP has more than 2,500 locomotives submitted on behalf of an association, Title 49 CFR 229.135(b)(5) and (6) that have all of the equipment installed business, labor union, etc.). In allow for a phased-in approach for for PTC with the exception of LDARS. accordance with 5 U.S.C. 553(c), DOT upgrading the memory modules. After UP qualifies LDARS, installation solicits comments from the public to Railroads are not required to replace will be scheduled on the 90-day better inform its processes. DOT posts functioning modules installed prior to periodic maintenance inspection cycle these comments, without edit, including the availability of crash-worthy modules for the 2,500 locomotives which are PTC any personal information the (CHM) until the locomotives are ready, except for LDARS that are in the commenter provides, to remanufactured. Similarly, outside of fleet today. The balance will be installed www.regulations.gov, as described in the remanufacturing process, railroads as UP continues to equip through the system of records notice (DOT/ALL– have been permitted to use replacement September 2018, roughly 1,100 14 FDMS), which can be reviewed at modules that do not meet Appendix D locomotives per year. www.dot.gov/privacy. See also http:// requirements if the modules were A copy of the petition, as well as any www.regulations.gov/#!privacyNotice originally manufactured prior to 2010. written communications concerning the sradovich on DSK3GMQ082PROD with NOTICES for the privacy notice of regulations.gov. As background, in September 2011, petition, is available for review online at UP submitted a Request for Proposal to www.regulations.gov and in person at Robert C. Lauby, multiple vendors to procure a the U.S. Department of Transportation’s Associate Administrator for Railroad Safety, Locomotive Data Acquisition Recording (DOT) Docket Operations Facility, 1200 Chief Safety Officer. System (LDARS) to meet FRA’s New Jersey Avenue SE., W12–140, [FR Doc. 2016–16705 Filed 7–14–16; 8:45 am] requirement to calibrate/synchronize Washington, DC 20590. The Docket BILLING CODE 4910–06–P the event recorder and Positive Train Operations Facility is open from 9 a.m. VerDate Sep<11>2014 19:03 Jul 14, 2016 Jkt 238001 PO 00000 Frm 00113 Fmt 4703 Sfmt 9990 E:\FR\FM\15JYN1.SGM 15JYN1


Document Created: 2016-07-15 02:53:24
Document Modified: 2016-07-15 02:53:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 46156 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR